Last updated November 2025
Updated for 2025 — Former Prosecutor • Broward County Defense
Driving with a suspended license in Florida is not just a traffic ticket — it’s a criminal offense that can lead to jail, long-term license consequences, and even a felony record.
Whether your suspension was due to unpaid fines, a missed court date, a DUI, or a paperwork issue you didn’t know about, a conviction can have severe and escalating consequences.
If you’ve been arrested or cited for Driving With a Suspended License (DWLS) in Fort Lauderdale, Broward County, or South Florida, the sooner you act, the better your options.
📞 Free Consultation: (954) 270-0769 — Same-day calls welcome
⚖️ What Does “Driving With a Suspended License” Mean in Florida?
DWLS is defined under Florida Statute § 322.34.
There are two versions of the charge:
✅ DWLS – With Knowledge (Criminal Charge)
The State must prove:
You were driving a motor vehicle, and
You knew your license was suspended, revoked, or canceled
This is the charge that carries jail, probation, fines, and potential felony exposure.
📝 DWLS – Without Knowledge (Civil Infraction)
If you did not know your license was suspended, you may only receive a traffic ticket — no criminal conviction, no jail, and no probation.
The key legal battleground is knowledge, and we often challenge this element successfully.
🧾 Penalties for Driving with a Suspended License in Florida
Punishment increases with each offense — and the reason for the suspension matters.
🔹 First Offense (With Knowledge)
2nd-degree misdemeanor
Up to 60 days in jail
Up to 6 months probation
Up to $500 fine
🔹 Second Offense
1st-degree misdemeanor
Up to 1 year in jail
Up to 1 year probation
Up to $1,000 fine
🔹 Third Offense (Certain Suspensions)
If your license was suspended for:
DUI
Refusing a chemical test
Serious injury accident
Hit-and-run
Fleeing and eluding
…you may be charged with a 3rd-degree felony:
Up to 5 years in prison
Up to $5,000 fine
Mandatory 10 days in jail
👉 Related: Fleeing and Eluding in Florida
❌ Habitual Traffic Offender (HTO) Consequences
Three DWLS convictions can label you a Habitual Traffic Offender, which triggers:
5-year license revocation
Felony penalties for future driving offenses
Dramatic insurance increases
Hardship license restrictions
Long-term employment consequences
Avoiding an HTO designation is one of the top priorities in DWLS cases.
👉 Also see: Driving Without a Valid License in Florida
📉 Why Your License Was Suspended
Your license can be suspended for many non-criminal reasons:
Unpaid traffic tickets
Failure to pay court fees or fines
Failure to appear in court
Child support delinquency
Insurance cancellation
Points on your license
DUI conviction
Refusal to submit to breath/blood/urine test
Drug or theft convictions
Many people don’t even realize they were suspended.
Unfortunately, not knowing does not automatically prevent criminal charges — but it does give your attorney strong defenses.
🛡️ Legal Defenses for Driving With a Suspended License
We often defend DWLS charges by showing:
✔️ You did not know your license was suspended
(E-mail/letter never received, DMV error, incorrect mailing address)
✔️ You were not driving
Vehicle parked, no “operation” under statute
✔️ You were not on a public roadway
Private property cases often fail
✔️ Your license was not actually suspended
Incorrect DMV record, reinstated status, or clerical error
✔️ You reinstated your license
A reinstated license can lead to dismissal or reduction to civil citation
✔️ The traffic stop was illegal
We challenge stops based on:
Lack of reasonable suspicion
Lack of probable cause
Pretext stops
Faulty database hits
👉 Strong suppression issues? This is often the key to dismissing DWLS cases.
🔄 Can the Charge Be Dropped or Reduced?
Yes — more often than people realize.
DWLS is one of the most “fixable” criminal traffic offenses.
In Broward County:
Many first-time offenders qualify for the Misdemeanor Diversion Program (MDP)
Reinstating your license can lead to dismissal or withhold
Evidence problems can lead to reduction to no valid DL
Strong suppression issues can lead to complete dismissal
A clean resolution can protect you from HTO status, insurance increases, and a lasting criminal record.
👨⚖️ Why You Need a Fort Lauderdale DWLS Defense Lawyer
As a former prosecutor and former General Counsel for the Broward County PBA, Attorney Michael White understands how traffic crimes are investigated, filed, and negotiated in Broward County.
We work to:
Reduce or dismiss charges
Prevent Habitual Traffic Offender designation
Reinstate your license quickly
Protect your driving privileges
Avoid jail and permanent conviction
Keep your insurance and record clean
The earlier we intervene, the more options you have.
📞 Arrested for Driving With a Suspended License?
Take control before the State builds its case.
📲 Call (954) 270-0769
💬 Schedule your free consultation
Serving Fort Lauderdale, Hollywood, Pembroke Pines, Plantation, and all of South Florida.
❓ DWLS Frequently Asked Questions
Q1: Is driving with a suspended license a felony?
Not always. First and second offenses are misdemeanors. A third or DUI-related suspension may be a felony.
Q2: Can I go to jail for DWLS?
Yes — especially for repeat offenses or DUI-based suspensions.
Q3: What is a Habitual Traffic Offender (HTO)?
Three qualifying convictions can result in a 5-year license revocation.
Q4: Can I avoid criminal charges if I didn’t know about the suspension?
Possibly. You may qualify for a civil citation instead of criminal DWLS.
Q5: Can a lawyer help get the charge dropped?
Yes. Reinstating your license, challenging the stop, and entering diversion are often successful strategies.